Q: If a company has a word trademarked for a certain area, like clothing, is it okay if I use the term for a beauty line?
I want to use the term FlowGrown Beauty. However, I see someone has trademarked FLOWGROWN already, but only for clothing and footwear. So, can I use FlowGrown Beauty for lotions and other beauty/wellness products?
Goods and services are categorized in 45 international classes. For example, cosmetics and cleaning preparations are in class 3 and clothing and apparel are in class 25. When USPTO examining attorneys search to find similar marks, they not only search in the particular class in which a good or service is classified, but they also search in a group of coordinated classes. For example, to search for similar marks for a lotion in class 3, the examining attorney will also search in class 5 (pharmaceuticals), class 21 (utensils and glassware), class 35 (advertising), class 42 (computer, scientific, and legal services), class 44 (medical, beauty, and vet services), goods and services certification marks, and collective membership marks. Clothing and beauty supplies, therefore, do not seems to be in the same coordinated class. However, the search for similar marks is not limited to the marks that are exactly spelled the same. The search may include looking for similar sounding names, foreign words that may be translated to a similar English word or phrase, and words that may, in any form and way, confuse the consumers as the source of goods and services.
This post is for public information and is not intended as legal advice. Nor does this post establish an attorney-client relationship. Please get consult with your attorney before filing a trademark application.
You need to consult with an attorney for ana analysis.
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